DeepAnalysis

UPSC daily answer writing Practice model answer 26th January 2022

UPSC daily answer writing Practice model answer 26th January 2022

Topic:Indian Constitution—Amendments

Question 1: Explore the significance of 42nd amendment as a key development in Indian constitutional history.(Answer in 150 words)10

Structure of the answer:

Introduction: a brief comment on the background 42nd constitutional amendment.

Body: important provisions being introduced by 42nd constitutional amendment.  Give a brief analysis related to their significance from constitutional point of view. As those key provisions stand the test of time.  

Conclusion: conclude briefly citing its essence.

Answer: The 42nd amendment act was enacted on the basis of the suggestions made by Swaran Singh committee report. This amendment added several new provisions into the constitution, thus it was also called ‘mini constitution’.

Important provisions being introduced by 42nd constitutional amendment:

a) Adding new words in Preamble: secular and socialist word was added. Unity and {integrity} of the nation was also included into the Preamble.

b) Inclusion of Fundamental duties: part IV A Fundamental duties was added.

c) Addition of new directive principles: equal justice and free legal aid(article 39A), the participation of workers in the management of industries(article 43A) and protection of the environment, forests, and wildlife(article 48A).

Inclusion of above provisions only made the certain intrinsic constitutional principles more explicit, which were earlier omitted by founding fathers. The retention of these provisions by subsequent governments testifies the necessity and significance of these amendments. A constitution is an organic document, which to be living must be growing. If the impediments to the growth of the constitution are not removed, it will suffer a virtual atrophy.( you don’t have to use such heavy words, these are written for the sake of model answer.)

Question 2: Critically discuss the key provisions of Constitution 73rd Amendment Act, 1992.(Answer in 250 words)15

Introduction: introduce the background of 73rd Amendment act 1992.

Body: mention key provisions along with critical analysis on their significance.

Conclusion: conclude with way forwards

Panchayati Raj is a system of local self-government wherein the people take upon themselves the responsibility of development. PRI is a system of institutional arrangements for achieving rural development through people’s initiative and participation.( You should know such basic definitions but you don’t have to write it. It makes introduction very generic.)

The 73rd Constitutional amendment sought to integrate the democratic process at all levels by formalizing a mechanism wherein people at all levels were to have an opportunity to participate openly in matters which concern their welfare and developments.

Why it was required: the devolution of powers and functional strengthening of the different tiers of the PRI system was progressing at very slow pace in most of the states.

Key Provisions:

  • Establishment of ‘Gram Sabha’ at the village level (Article 243(b)
  • Establishment of a three-tier system of Panchayat, at the village, intermediate and district levels  
  •  Reservation of seats for SCs/STs
  • One-third of the total number of seats for women in every Panchayat .
  • Uniform term of 5 years
  • State Election commission
  • State finance commission

Analysis: (some case studies can be mentioned in brief manner).
The positive impact of the 73rd Amendment in rural India is clearly visible as it has changed power equations significantly. Elections to the Panchayats in most states are being held regularly. Through over 600 District Panchayats, around 6000 Intermediate Panchayats and 2.3 lakh Gram Panchayats, more than 28 lakh persons now have a formal position in our representative democracy.
Still, it lacks the proper definition of the role of the bureaucracy. It does not clearly define the role of the state government. On practical level, people are illiterate in India and they are actually not aware of these novel features. The Panchayats are dominated by effluents in some parts of the country. The 3 tiers of the Panchayati Raj have still very limited financial powers and their viability is entirely dependent upon the political will of the states.

Way forward: There must a concrete empowerment through 3Fs (funds, functions and functionaries).